Recreational Drugs

Ventura DUI cases involving recreational drugs are becoming increasingly common. The Ventura County District Attorney's Office routinely prosecutes people for DUI who have no alcohol whatsoever in their systems, but do have one or more recreational drugs in their system. However, many recreational drugs, including marijuana and many stimulants, do not necessarily impair your ability to drive.

Vehicle Code Section 23152(a)

In a driving under the influence of a recreational drug case, the government must prove your mental or physical abilities are so impaired that you are no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.

Blood Test Results – Not Enough

The mere fact that the recreational drug (or drugs) shows up in your blood (or urine) test is not enough for the prosecution to establish that you are guilty of a DUI in Ventura County, as they also must prove what you took, how much you took of it, when you took it, and that the drugs legally impaired your driving.

Marijuana DUI – No Per Se Legal Limit

Unlike a DUI involving alcohol, there is no automatic legal limit with respect to driving with marijuana in your system. The same is true as to any other recreational drug. Additionally, those with a history of using marijuana will not be impaired at the same levels as somebody without previous experience with marijuana. Again, the same is true with other recreational drugs.

Law Enforcement Officers – Poorly Trained

The training that most officers receive in Ventura County DUI investigations typically involves alcohol, and the standardized Field Sobriety Tests they are trained to administer also concern alcohol. Additionally, the breath machines only detect the presence of alcohol. If you did not do a blood (or urine) test, then any recreational drugs you may have taken will not show up in your test results.

Prosecution – On the Rise

Despite the myriad of difficulties in prosecuting recreational drug cases, the Ventura County District Attorney's office routinely and increasingly files charges in cases based in large part due to your own admission of having taken prescription drugs. In fact, they have recently received over $500,000 in grants from the California Office of Traffic Safety to prosecute Ventura DUI cases involving recreational drugs including marijuana, stimulants, opiates and ecstasy.

Ventura DUI Attorney Jasen Nielsen

As a former Ventura DUI prosecutor who has defended many clients charged with recreational drug DUI cases, I have the knowledge and experience to attack the prosecution's case against you. If you have been arrested for a recreational drug DUI in Ventura County, please call me today at (805)564-4DUI for a free consultation.

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